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Showing posts from February, 2014

Change in the Headcount at BigLaw Firms

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BigLaw  Headcount Strategies Adam Smith Esquire's Bruce McEwen, well-known blawger, in a post entitled, Where Do You Want Your Firm to be in 2020?, reports some data on the strategic planning horizon of large law firms, which he argues does not extend beyond one, two, or three years. Interestingly, he reports the following figures for the changes in headcount at large law firms. [C]onsider the little-remarked but sobering figures on how the proportionate composition of lawyers at the largest 250 law firms in the US based on headcount has changed over the last decade: Associates: from 55% to 47% (down 15%). Equity partners: from 31% to 26% (down 16%). Non-equity partners: from 7% to 16% (up 129%). Other’ lawyers (staff, of counsel, contract, etc): from 7% to 10% (up 43%). He comments on these changes later in the post: And what, exactly, is the point about the aforementioned morphing composition of lawyers at large law firms? Simple, I b

ASL's Latest TV Ad Focuses on Veterans as Students

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Appalachian School of Law Welcomes Veterans A new television commercial for the law school will air locally over the next few weeks on WCYB Channel 5, the NBC affiliate in Bristol, and WEMT, the Fox affiliate in NE Tennessee. This commercial focuses on veterans.  It features one of our current student-veterans, Irina Dan McGarry, ’14.  Lieutenant Dan did a great job, as you can see for yourself:    For those who want the full TV experience, here is the broadcast schedule for tomorrow, Friday, February 28: WCYB-TV 619 am 1118 am 1206 pm 230 pm 344 pm 509 pm 1106 pm 1141 pm WEMT (Fox) 528 pm 1024 pm News I want to thank Trustee Joe Wolfe for making this opportunity possible.  

The Hero Story in Lawyer Marketing

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Lawyers Are Heroes, Too A blawger complains this week about the sad state of lawyer marketing.  What's missing?  The hero story , in my opinion.  Head without heart.  Features without benefits.  And, an inability to show how lawyers change the world in a positive way.   Here's a couple of contrasting videos that help illustrate the differences in a North Carolina political contest.  

35,000 Page Views for The Red Velvet Lawyer

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35,000  Page Views Friends, family, and colleagues: Another milestone reached!  Some time last night, page views of my blog topped 35,000. The Red Velvet Lawyer will celebrate its first birthday in mid-March.  People tell me that this type of growth for a little ol' blog is impressive.  I have to take their word for it. In the meantime, I enjoy the connection with all of you and the opportunity to share ideas, information, and news. Love you all, and thanks so very much for your support!

Update: The Value of a Legal Education -- On Average $1,030,000

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New Data Informing  the Debate In several postings  here ,  here , and here , I tracked the debate between Brian Tamanaha, author of Failing Law Schools , and Michael Simkovic and Frank McIntyre, co-authors of The Value of a Law Degree . In a recent posting , Simkovic & McIntyre update their economic analysis and take apart the basis for Tamanaha's more dismissal point of view.   They conclude: Comparing lifetime earnings of law degree holders to earnings of similar bachelor’s degree holders, we find that the pretax value of a law degree is approximately $1,030,000 on average, $770,000 at the median, $430,000 at the twenty-fifth percentile, and $1,420,000 at the seventy-fifth percentile. These figures include the opportunity costs of foregone wages while in law school and financing costs. We also provide separate analyses of earnings for men and women. We find that the value of a law degree at the median is higher for women than for

Life of Brian: Negotiation Strategies Illustrated in Film

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Culture  and the  Length of the Negotiation Dance Culture can dictate the length of the negotiation dance by determining the number of rounds of concessions and the amount of each expected concession. In cultures in which the parties expect more haggling, parties will make 12-15 offers/counter-offers.  A clip from   Montey Python's Life of Brian , starring Graham Chapman, John Cleese, Terry Gilliam, Eric Idle, Terry Jones, and Michael Palin, illustrates haggling in a way we'd expect from this group. Brian Cohen, played by Chapman, is trying to escape the pursuit of Roman Centurions by buying a beard as a disguise.  The frightened consumer, however, cannot buy it at the sticker price.  He is forced to haggle.   In sharp contrast , a U.S. consumer has a low tolerance for the negotiation dance.  He or she t ypically will make only 2 or 3 rounds of offers.   As a result, U.S. negotiators: Avoid negotiation, in general, by paying posted prices

Defending Your Life: Negotiation Strategies Illustrated in Film

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In Nearly ALL Situations, Don't Accept the First Offer. Duh! Defending Your Life focuses on a transition stage in which recently dead folks must show to a panel of after-life judges that they have lived full and fearless lives.  If they fail at this proof, they must return to earth and try again. Meryl Streep appears with Albert Brooks who wrote, directed, and starred in the film. I use a clip that shows Daniel Miller, played by Brooks, negotiating for his salary at a new job.  He has died suddenly when his car hits a bus head-on. Examples from his life, including the salary negotiation, increasingly show his fear.  In this clip, he begs his wife to practice with him the night before the salary negotiation, and then, he abandons the approach he had practiced. The clip allows me to discuss the gravitational pull of opening offers, who should open first, appropriate concession patterns, and leverage derived from your BATNA.   

Fargo: Negotiation Strategies Illustrated in Film

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The Pace of the Negotiation "Dance"  and  the "Nibble" Technique Fargo , a Joel and Ethan Coen creation, follows the escalating chaos set in play by Jerry Lundergaard's effort to extort money from his father-in-law through the planned kidnapping of Lundergaard's hapless wife. Lundergaard, a car salesman at his father-in-law's dealership, has been making ends meet by falsifying records to inflate his car sales.  Now, he plans to close the financial gap by getting money out of his bullying father-in-law.   William H. Macy plays Lundergaard.  Francis McDormand plays the pregnant sheriff in pursuit of the bungling kidnapper, played by Steve Buscemi.   Close to the time the Coen's show us Lundergaard's mounting financial problems, Lundergaard completes the sale of a car to a couple caught in a negotiation they thought had ended long before they returned to Lundergaard's office for the keys to their new

The Red Velvet Lawyer Mentioned in ABA Online Newsletter

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From the February 21, 2014 ABA online newsletter: Question of the Week We want to hear from you. Have you ever had a law prof use TV or film to illustrate a concept? Image from  Shutterstock . On a recent snowy  Friday  when only five students could make it to class, Appalachian School of Law professor Paula Marie Young decided that she would screen a long excerpt from the the film  The Negotiator . "It illustrates so many concepts I discuss in my courses," Young wrote at her blog,  The Red Velvet Lawyer . Young teaches certified civil mediation and dispute resolution. There's also a TV series Young likes for this purpose: "I could create an entire course based on the negotiation tactics Francis Underwood uses in House of Cards ," she wrote in a short subsequent post. "My idea. Don't steal it, please." Using a fictional dramas to teach law students isn't unheard of: A William & Mary law professor created a textbook and

House of Cards and Negotiation Skills

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The Francis University of Negotiation Skills and Tactics I could create an entire course based on the negotiation tactics Francis Underwood uses in House of Cards . I could call it "Francis University" and give each graduate a pair of cuff links bearing the initials for the name of course.  My idea.  Don't steal it, please. 

Sam Jackson, Kevin Spacey, and The Negotiator

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It is Always More Fun to Negotiate with Someone who Knows What He or She is Doing! So, you know I'm a big fan of Kevin Spacey .  Add to the list: Sam Jackson and Denzel Washington. Students who have taken my courses know that these actors appear in a number of the film clips I use to illustrate negotiation and mediation concepts and skills. Friday, I held a make-up class one day after a snow storm dumped 8 to 10 inches of snow on Buchanan County.  Up in the "hollers," the snow coverage could have been much deeper.  Our road crews do an amazing job of keeping our roads passable, but it takes time to clear all those roads at higher altitudes. Not surprisingly, only five of eighteen students made it to class. One had to walk. So, I decided that we would watch a long excerpt from the the film, The Negotiator , starring Sam Jackson, as Danny Roman, and Kevin Spacey, as Chris Sabian. They are both experienced, successful Chicago police department host

Alumni of the Appalachian School of Law Very Pleased with ASL Experience

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Survey Says . . . . We're Pretty Fabulous! Ninety-one percent of ASL alumni would recommend the law school to potential students, potential employers, or colleagues. That's what the responses to a survey we distributed to alumni reveals.  Ninety-three percent of our responding alumni had a positive impression of the law school.   Slightly more than half of the survey respondents chose ASL for its location. They identified the law school's experienced faculty (by a large margin) as the top strength of ASL.  Two hundred and one alumni responded to the survey distributed in the Fall 2013,  making the response rate 16.75 percent.  External surveys typically get 10 to 15 percent response rates.  Thanks alums for your support. We love you!

Alumnus Jessica Taylor Gives Great Interview

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"Think Before You Speak; Think Before You React" Appalachian School of Law alumnus, Jessica Taylor, gave a podcast interview about her relationship with ASL alumnus JR Cook , who is appearing on the SyFy reality show, Opposite Worlds .  She is quite charming ans smart! She gives her perspective on the show and some of his possible strategies in this 40 minute podcast.  Follow Jessica on Facebook here .  Fan page for Opposite Worlds here . Fan page for JR Cook here . If you tweet to support him, be sure to include #AppalachainSchoolOfLaw.     Twitter handle is @TeamJRsyfy Thanks!

More Praise From a Loyal Client

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The Bricklayer, the Micro-burst, and the Lawyer Yesterday, I posted some excerpts from an email I got from a former client.  I then sent him the link and said that if I needed to change anything or take it down, he should let me know.  Instead, he sent me even more heart-warming praise.  The prior posting described my representation of a client whose shop and house suffered severe damage during a thunderstorm/tornado that struck a portion of St. Louis.  The insurance company denied his claim, asserting that the damage was caused by water and not by wind.  The policy did not cover water damage, but it did cover wind damage. The company relied primarily on the anticipated testimony of their retained expert.  Later, using a sixth sense, I discovered that the expert had lied about his credentials.  Based on that discovery, the insurance company removed him from their list of expert witnesses. I also learned that his report assumed a certain type of back-fill that

Creating Loyal Clients

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Love your Clients and They will Love You, Too. This past week, I got a very warm email from a former client. The "Re line" read:  "I miss my good friend and attorney."   I had not heard from this client in several years.  But, when he has any type of legal problem, he contacts me. That's client loyalty. Here's a short excerpt from the email that makes me laugh and makes me very proud.   How is the best attorney, this side of the Mississippi doing? I know you jumped ship and moved across the mighty Miss. so that would make you the best in the lower 48? I represented this client in an insurance coverage dispute after a micro-burst during a thunderstorm destroyed his shop and compromised the integrity of his family's house. What did I do over fifteen years ago to create such loyalty? Here's my guess: I provided extremely high-quality client service; I got the client an extremely favorable outcome; I was creative, persistent, r

30,000 Page Views for The Red Velvet Lawyer!

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30,000  Page Views Friends, family, and colleagues: Another milestone reached!  Some time today, page views of my blog topped 30,000. And, after nearly a year of blogging almost every day, the Google bots are regularly paying attention to my blog. Love you all, and thanks so very much for your support!

Seth Godin's Advice on Marketing a Law Practice

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Love this Guy's Advice! Marketing guru, Seth Godin, has a string of blog postings  on his Squiddoo website that every lawyer should read.  I am creating this blog posting just so I can go back to it again and again.   For a list of his books I found compelling on the topics of content marketing, permission marketing, and social media marketing, see here . 

LSAT Prep Course: You're Welcome!

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90 to 100 Percent of Students Improve Their Scores on the Practice Exams My colleague, Professor Priscilla Harris, noted that many of the students in our region of service --largely rural -- do not have access to a LSAT prep course. Consistent with our mission to serve the community, we began offering one.  The Appalachian School of Law has now held four LSAT Prep Courses for prospective students and for students from the central Appalachian region.   Significant Improvements: This last time -- held February 1, 2014 --all seven students improved their test scores between the first and second practice exams.   On average each student improved his or her test score by 3.4 points, the difference between being admitted to the law school of the student's choice or qualifying for a scholarship.   One student saw a 7 point increase in his score on the practice exams! Students take a practice exam at the beginning of the day.  Then, they end the day with a second pract

ASL TV Ad

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Appalachian School  of Law  TV Ad If you have not yet seen it, here's the ad that ran during the Super Bowl on our regional TV station.  The ad will run for the next several weeks on both WEMT, our FOX affiliate, and WCYB, our NBC affiliate. Please share this posting and spread the word about your law school. 

Appalachian School of Law is in the Super Bowl!

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Ad Featuring  our  Educational Program Dear ASL Community: Thanks to the generosity of one of our founding Trustees, Joe Wolfe, the Appalachian School of Law will be featured in a Super Bowl commercial. The 30-second spot will air during the second half of the game on WEMT, the Fox affiliate in Bristol, Virginia: http://www.wcyb.com/fox-tri-cities/super-bowl-xlviii/-/23965940/-/expsyf/-/index.html . I have the honor of introducing the commercial, which features a photo montage of the law school and our students, and which emphasizes our focus upon community service, non-traditional students and natural resources law. At the insistence of the Other Professor Harris, it also features the ASL Softball Team. After the Super Bowl, the spot will air extensively for several weeks, both on WEMT and on its sister station, WCYB, the NBC affiliate in Bristol. I hope that you can catch the commercial during the game, but, in case you miss it, I’ll be posting a v